Kaevi v. Zackalantis

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The Complaint of the Plaintiff, Kaevi, respectfully shows and alleges as follows:

1. The Defendant herein, Zackalantis, has negligently detonated a nuclear device.
2. The Plaintiff has found evidence that the radioactive fallout and other harmful debris from the detonation have spread into the ocean.
3. The Plaintiff depends on ocean waters for water desalinization and as a source of food.
4. The Plaintiff has found high amounts of radioactive material in various water treatment facilities.
5. As such, the Plaintiff is certain that the Defendant contaminated the Plaintiff’s primary water and fishing source.
6. The Plaintiff now must clean of the affected facilities and provide those in the fishing industry with welfare relief until the waters are considered safe.

Wherefore, the Plaintiff requests judgment against the Defendant to cover the losses associated with this contamination in the sum of forty million Kaevi ronans, together with any other relief the Court finds just and proper.
The Plaintiff condemns the use of nuclear weaponry and demands that the Court prevent further natural catastrophes such as the one described herein by banning their future use as such devices infringe upon human rights.

The Court asks the Plaintiff to submit the evidences for the case to the Court. Of course, such evidences shall be completely neutral and not related to the Plaintiff itself.

The Court thanks the Associate Justice. We request that the plaintiff provide evidence relating to their accusations.

Exhibit A esamirforum.forumotion.net%2Ft220p200-esamir-international-news-network&b=7#6489

This Exhibit proves the Defendant did, in fact, detonate a nuclear device.

Exhibit B esamirforum.forumotion.net%2Ft220p225-esamir-international-news-network&b=7#6529

This Exhibit shows the Plaintiff's report of the radiation found in its waters.

Exhibit C Criminal Offense and Prosecutor-General Operational Resolution, Article 3.5
“No entity may purposefully poison or contaminate the atmosphere, water sources, or agricultural lands.”

This exhibit shows the first law provision that is alleged to have been broken. The Plaintiff believes that the Defendant's
purposeful detonation of a device that is widely known to cause adverse health outcomes classifies as "purposeful contamination."

Exhibit D Safeguarding Human Rights Act, Article 1
“All Human beings have the right to life and to feel safe and secure.”

This exhibit shows the second law provision that is alleged to have been broken. The Plaintiff
believes that this catastrophe endangers its livelihood and threatens internal safety.

The court thanks the plaintiff. The court now asks for the defendant's evidence. Following that, the court will hear oral arguments from both sides, then will open the floor for oral debate.

https://esamirforum.forumotion.net/t220p225-esamir-international-news-network#6542

The above is our evidence. Reports from Antanres, New Tarajan and UKZ regarding the tests of the waters.

The court thanks the defendant. We now will hear brief oral arguments from both parties, after which the floor will be opened for general discussion. The court first recognized the Plaintiff, Kaevi.

To begin, we would like to explain how the Zackalanti tests would produce negative results. I fear the neither the Defendant nor its... comrades actually read our report. For in the last line of Exhibit B, it states:


While we dearly hope that the Defendant is not stooping to the level of purposefully misconstruing our information, we see no other way our report could be understood. By this point, the strong ocean currents have most certainly carried the radioactive waste away from blast site and into the open ocean. Going back to Exhibit B, it can be clearly seen that that Zackalantis, New Tarajan, and Antanares do not have waters that would be affected at this point. Any tests performed in their areas would absolutely produce a negative result for a presence of radiation.

Secondly, we would like to respond to the last line in the evidence provided by the Defendant, stating:


We are deeply confused by this statement to say the least. What does Kaevi have to gain from attempting to harm the ever-lively nation of Zackalantis? Our nation is too busy lifting its people out of a century of grinding poverty, so we simply cannot be bothered to concoct methods to sully a nation we, to be frank, could not care less about. Does the Defendant think it is to our benefit to have thousands of our hard-working employees of the fishing industry laid off and have us deplete our reserve water supply until the waters are safe to fish and drink from? We think not, so shame on the Defendant for suggesting that we are endangering the livelihood of our people for political gain.

Although we are a member of this Court, since we were called into question, we wish only to correct one statement made by the Plaintiff: the tests carried out by Tarajani scientists were made not only in the territorial waters of our mainland, but also in those of all our colonies, and in those international waters allegedly involved by the poisoning.

The Plaintiff wishes to remind the dear Associate Justice that it is not a party to this case and that, at this time, the Chief Justice asked only for the oral arguments of the parties to which this case pertains.

The court thanks the plaintiff for its argument. The court also thanks the Associate Justice for providing clarification. We now ask the defendant, Zackalantis, to provide their oral argument, after which time general discussion will be opened for a set time.

The math doesn't workout. Our tests could not have caused such high levels radiation pollution due to the following reasons.

Reason 1: The tests so carried out were done underground in order to prevent any kind of radiation pollution. There was no radiation leak reported after the detonation.

Reason 2: The amount of nuclear material loaded into the warhead for the tests were minimal. It is a mathematical impossibility for the nuclear fall out from our warheads to cause such high levels of radiation poisoning and pollution.

Reason 3: Quote by Tarajan: The tests carried out by Tarajani scientists were made not only in the territorial waters of our mainland, but also in those of all our colonies, and in those international waters allegedly involved by the poisoning.

Therefore if we take into consideration all the above reasons it is not possible that the radiation could have come from our warhead tests.

Bringing the court's attention to Exhibit C of the plaintiff

Criminal Offense and Prosecutor-General Operational Resolution, Article 3.5
“No entity may purposefully poison or contaminate the atmosphere, water sources, or agricultural lands.”

The detonation of our nuclear warhead cannot be the cause of our classification under ‘purposeful contamination' even if the contamination is due to our warhead (which it isn't), the contamination should only be considered an accident not purposeful contamination.

The court thanks the defendant for providing their argument. We now open the floor to general discussion.

Zackalantis wrote:Reason 1: The tests so carried out were done underground in order to prevent any kind of radiation pollution. There was no radiation leak reported after the detonation.

Groundwater contamination exists and if the "test" was carried out on an island like your evidence shows, there was plenty of opportunity for the now-irradiated groundwater to discharge into the ocean. And as we have seen, that is exactly what happened.

Zackalantis wrote:Reason 2: The amount of nuclear material loaded into the warhead for the tests were minimal. It is a mathematical impossibility for the nuclear fall out from our warheads to cause such high levels of radiation poisoning and pollution.

We feel your definition of "minimal" and ours mean two very different things. Given what our tests of shown, the amount that you detonated is far above what anyone would consider "minimal." Perhaps unlike your nation, our nation has strict standards that do not permit water that has come into contact with radioactive waste to be used for human consumption. Even UV radiation from the Sun can cause cancer, so nuclear gamma rays are not something that our nation feels comfortable exposing our people to.

Zackalantis wrote:Reason 3: Quote by Tarajan: The tests carried out by Tarajani scientists were made not only in the territorial waters of our mainland, but also in those of all our colonies, and in those international waters allegedly involved by the poisoning.

Given that New Tarajan has a vested interest in keeping these horrible nuclear devices legal and you two belong to the same quasi-military alliance, I question the legitimacy of that nation's tests. Especially since they were only carried out after I filed this court complaint.

Zackalantis wrote:Criminal Offense and Prosecutor-General Operational Resolution, Article 3.5
“No entity may purposefully poison or contaminate the atmosphere, water sources, or agricultural lands.”

The detonation of our nuclear warhead cannot be the cause of our classification under ‘purposeful contamination' even if the contamination is due to our warhead (which it isn't), the contamination should only be considered an accident not purposeful contamination.

Even if it were an accident, we must not allow the haphazard use of agents that are universally known to cause extreme damage that result in harm to another nation to go without consequence. Say Nation X, a nation that produces both anthrax and fertilizer in the same factory, "accidentally" mixes up the two in a shipment to Nation Y. Y sprays what it thinks is fertilizer from a crop duster over a wide area, but actually spreads anthrax through the air that is then carried to a nearby city. Nation X should not be given a pass on punishment for its lax manufacturing rules that allow such a dangerous material to be produced where it can easily be confused for a beneficial product.

When we said that there are minimal quantities of nuclear material loaded we mean to say that these amounts of nuclear material are not enough to pose any threat to marine or human life. It just isn't possible.

We think we need to start thinking about some other source for this pollution.

Zackalantis wrote:When we said that there are minimal quantities of nuclear material loaded we mean to say that these amounts of nuclear material are not enough to pose any threat to marine or human life. It just isn't possible.

Well it appears the Defendant's calculations were wrong as to the correct amount of nuclear material that would somehow not harm to life.

Zackalantis wrote:We think we need to start thinking about some other source for this pollution.

So now it appears as though the Defendant recognizes that there is, in fact, nuclear pollution? Given that Plaintiff does not host nuclear weapons or nuclear power plants and no nation has recorded a leak of radioactive waste, that leaves the Defendant as the sole source. Does this mean that the Defendant lied about the results of its tests for the presence of radioactive material? This certainly appears to be the case.

We are not lying about the results. All we are saying is that if there is nuclear pollution (highly unlikely), it cannot find it's origins in the Zack nuclear tests.

We are pretty confident about our calculations regarding the amount of nuclear material present in the warhead that will not pose any danger to life. We have carried out many tests in the past on the Man Made Pokhran Island and have never faced any case of nuclear pollution.

Another source could be the illegal dumping of nuclear waste in the areas around the plaintiff's coasts.
Also there are naturally occurring sources of radioactive material in the seas. Albeit they provide minimal quantities. There maybe unprecedented amounts of radionuclides in the waters near Kaevi.

Also if indeed the pollution originated on our coasts and if it was fatal to life. We should be reporting fishes dying, plants wilting, etc: none if this has been reported on our coasts. So even if this nuclear pollution does exist it could not have originated from our nuclear tests as proved by our National Institute of Marine Biology and the Tarajani and Antanaresian scientists.

We would like to point out also to the chief justice that there is no other argument being provided by the plaintiff to support their claims of the pollution being our fault other than “.... the Defendant's calculations were wrong..."
While we have provided scientific evidence proving that the pollution could not have originated from our tests.

OOC: Apologies I wasn't able to use the quote facility cause I'm on mobile and it's super difficult to type and use all that

Being that both sides have presented evidence as to their positions, the Court calls for the following: the associate justices Duresia and Arveyres, both of whom are either currently neutral as relates to OMNI and the ICFS or have a history of neutrality, shall conduct independent tests of their own to determine the source of the pollution and what the cause could be or is.

As Associate Justice, I shall object to this, Your Honor. Although we have the full confidence in Arveyres and Duresia, the first is a province of Eurasia, and such a member of the ICFS, while the second has just left OMNI for strong contrasts with the Defendant.

New Tarajan wrote:As Associate Justice, I shall object to this, Your Honor. Although we have the full confidence in Arveyres and Duresia, the first is a province of Eurasia, and such a member of the ICFS, while the second has just left OMNI for strong contrasts with the Defendant.

On the grounds of this, we reject the Tarajani radiation tests (which occurred after the opening of this court case) as valid due to a strong conflict of interest with the Defendant, as they are both members of the same military alliance, the OMNI.

We are not questioning the credibility of your scientists. However, the Chief Justice claimed you're neutral, but it's impossible to be perfectly neutral for Arveyres, since you're a part of Eurasia.
Of course, we are open to seek a compromise, because, if we wish to strictly follow also the line of reasoning you just told us, then we should also reject the tests by Kaevi. And we would be all trapped in a stalemate.

New Tarajan wrote:We are not questioning the credibility of your scientists. However, the Chief Justice claimed you're neutral, but it's impossible to be perfectly neutral for Arveyres, since you're a part of Eurasia.

Arveyres and Duresia have been called as neutral because they have not yet been brought up in the Court case. The outcomes of a scientific tests do not rely on politics.

We suggest a group of scientists from different countries carry out the required tests.

We aren't too confident about the neutrality of Duresia.

Indeed, to create a group of scientists from all over the world could be a good compromise.

Zackalantis wrote:We suggest a group of scientists from different countries carry out the required tests.

We aren't too confident about the neutrality of Duresia.

And why would you say that? Justice Duresia has kept absolute neutrality throughout the entirety of these proceedings.
It is quite obvious that you and your judicial ally are attempting to discredit the Terran Federation members of this Court.

New Tarajan wrote:Indeed, to create a group of scientists from all over the world could be a good compromise.

Who would you pick and what method do you think would be most fair? What if one party objects to who was chosen?

The Plaintiff sees that the Defendant and a biased judge are blatantly seeking to discredit this good, elected Court in order to prevent a verdict that could potentially hurt their nuclear agenda.
These two view this case as TF versus OMNI, not Kaevi versus Zackalantis, and wish to mar these proceedings with an endless barrage of ultimately meaningless procedures to delay an outcome.